Regulation 14 - Biennial Review and Recertification of Certified Grievance Committees(A)Biennial Review. In each even-numbered year, the Board of Professional Conduct shall conduct a review of compliance by each certified grievance committee with the requirements of Gov. Bar R. V and this regulation. The Board chair may designate the responsibility for conducting the biennial review to a standing or ad hoc committee of the Board. Any committee designated by the Board chair shall present its recommendations to the Board at a regular or special meeting of the Board, and the Board may accept, reject, or modify the recommendations of the committee.(B)(1)Standards for Review and Recertification. The director shall prepare a written report for the Board or a committee of the Board that details the compliance by each certified grievance committee with the requirements of Gov. Bar R. V. The report shall include all of the following:(a) Any specific failure by the certified grievance committee to prosecute in a timely manner a matter pending before the Board to which the certified grievance committee is a party or to respond in a timely manner to any order from the Board, provided that the certified grievance committee has been notified, in writing, of such failure and been provided an opportunity to rectify the failure;(b) The certified grievance committee's compliance with each of the following requirements set forth in Gov. Bar R. V, Section 5 and 6: (i) Timely filing in each of the two immediately preceding years of a complete annual report of the activity of the certified grievance committee;(ii) Compliance by bar counsel duties and responsibilities set forth in Gov. Bar R. V, Section 6(C);(iii) Compliance with the requirement to file quarterly case activity reports with the Board, including any issues regarding the timeliness and accuracy of those reports;(iv) Compliance with the minimum standards for each certified grievance committee as established by the Supreme Court in Gov. Bar R. V, Section 5(D);(c) Any other information considered necessary to enable the Board to ascertain compliance by a certified grievance committee with the standards set forth in Gov. Bar R. V, Section 5.(2) In any instance in which the director identifies a failure to comply with the aforementioned standards, the director shall detail the efforts made to address noncompliance with the chair or bar counsel for the certified grievance committee.(C)Request for Information. To facilitate the review and recertification process, the director may request that a certified grievance committee provide additional information to the Board. The Board may consider the failure of a certified grievance committee to respond to a request for additional information in determining whether to recertify the grievance committee.(D)Recertification. The Board shall recertify each grievance committee that is in substantial compliance with the requirements of Gov. Bar R. V and this regulation. Written notice of recertification shall be provided to the certified grievance committee on or before the first day of June in each even-numbered year.(E)(1)Deferral of Recertification. Except as otherwise provided in Gov. Bar R. V or division (G) of this regulation, the Board may defer the recertification of a certified grievance committee based on the failure of a certified grievance committee to comply substantially with the requirements of Gov. Bar R. V or these regulations. The Board shall provide written notice to the certified grievance committee of the deferral of recertification. The written notice shall include all of the following: (a) The specific instance of noncompliance cited by the Board, including reference to applicable rules or regulations;(b) The steps necessary to remedy each instance of noncompliance, including any deadlines for remedying a particular instance of noncompliance;(c) A statement that the Board will defer recertification of the certified grievance committee until each instance of noncompliance cited in the notice is addressed to the satisfaction of the Board;(d) A statement that the Board may initiate proceedings to decertify the grievance committee if it fails to timely rectify the instances of noncompliance cited in the notice.(2)Conditions of Deferral. The Board may impose any conditions on the deferral of recertification that it deems necessary, including but not limited to denying the request for reimbursement of any indirect expense that is incurred or submitted by the certified grievance committee during the deferral period.(3)Effect of Deferral. Notwithstanding the Board's deferral of recertification, a certified grievance committee may continue to exercise authority pursuant to Gov. Bar R. V and these regulations. The deferral of recertification shall not be cited as a basis for refusing to cooperate with an investigation or as a defense in any disciplinary proceeding.(4)Recertification Following Deferral; Conditions. Upon proof that the certified grievance committee has rectified all issues of noncompliance identified in the notice of deferral, the Board may recertify the committee. The Board may impose any conditions on the recertification that it deems necessary to prevent future instances of noncompliance. Written notice of recertification and any conditions imposed by the Board shall be provided to the certified grievance committee. (F)Decertification. If a certified grievance committee fails to timely address instances of noncompliance identified in the written notice of deferral of recertification, the Board shall initiate decertification proceedings. Decertification proceedings shall be conducted as provided in Gov. Bar R. V, Section 5(F).(G)Immediate Decertification. If the Board determines that a certified grievance committee has substantially failed to execute its responsibilities pursuant to Gov. Bar R. V or these regulations and that such failure appears to have substantially compromised the investigation or prosecution of one or more disciplinary matters, the Board may by-pass the deferral and notification process and initiate decertification proceedings. Decertification proceedings shall be conducted as provided in Gov. Bar R. V, Section 5(F).(H)Authority. The failure of the Board to provide timely notice of recertification or decertification shall not deprive a certified grievance committee of the authority to investigate or prosecute disciplinary matters and may not be cited as a basis for refusing to cooperate with an investigation or as a defense in any disciplinary proceeding.(I)Notice. Any notice required by this regulation to a certified grievance committee shall be provided by regular mail to the president of the sponsoring bar association, chair of the certified grievance committee, and bar counsel. A copy of each notice shall be provided to the Office of Disciplinary Counsel.Ohio. Gov. Bar. R., reg. 14
Added effective 1/1/2019; amended effective 3/1/2023.